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(영문) 창원지방법원 밀양지원 2015.05.14 2014고정239
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to classification of the types, areas, etc. of mountainous districts prescribed by Presidential Decree;

Nevertheless, on June 17, 2014, the Defendant, without obtaining permission for conversion of mountainous districts, removed miscellaneous trees to build a camping site in 651 square meters of land B 749 square meters of land B in Seoyang-si, Mayang-si, 201, and changed the gravel into a mountainous district.

2. Any person who violates the Farmland Act shall obtain permission to divert farmland;

Nevertheless, on June 17, 2014, the Defendant, without obtaining permission to divert farmland, removed crops to build a camping site in the area of 883 square meters in the area of 1,320 square meters, which is 1,320 square meters prior to the C, Seoyang-si, and converted gravel into farmland.

3. Any person who intends to engage in development activities shall obtain permission for development activities from the competent authority;

Nevertheless, the Defendant, without obtaining permission for development activities, performed development activities by changing the form and quality of 651 square meters in mountainous district and 1,534 square meters in total, 883 square meters in farmland, as described in paragraphs (1) and (2), around June 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A joint control report with the prosecutor's office on an erroneous act in a camping ground;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act on criminal facts; Articles 57 (2) and 34 (1) of the Farmland Act; Article 53 subparagraph 1 of the Management of Mountainous Districts Act and the main sentence of Article 14 (1) of the same Act on the Management of Mountainous Districts (the occupation of conversion of a mountainous district without permission);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment (including reinstatement, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse;

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